HDEC05-18-R-0001-0002_Conformed_Copy.pdf

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Miscellaneous Operating Supplies and Paper Bags for Europe
Solicitation number
HDEC05-18-R-0001
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Amendment #0002 to Solicitation HDEC05-18-R-0001 (Conformed Copy)

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SEE ADDENDUM

(No Collect Calls)

HDEC05-18-R-0001 10-Oct-2017

b. TELEPHONE NUMBER

804-734-8000 EXT 49815

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 30 Nov 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HDEC059. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JASON M. REEDY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DEFENSE COMMISSARY AGENCY

ENTERPRISE ACQUISITION DIVISION

1300 E AVENUE

FORT LEE VA 23801-1800

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HQCAAA 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DEFENSE COMMISSARY AGENCY

STORE OPERATIONS

1300 E AVENUE

FORT LEE VA 23801-1800

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

322220

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF61

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HDEC05-18-R-0001

Section SF 1449 - CONTINUATION SHEET

REQUIREMENT

This requirement is for Defense Commissary Agency (DeCA) approved Miscellaneous Operating Supplies and Paper Bags (MOSPB) for the CDC at Germersheim, Germany. The government will award one contract for the requirement.

Orders for supplies are to be placed through a contractor maintained ordering system, using a CDC Government Purchase Card (GPC). The contract will have period of performance effective date of one month after contract award, with the base year going through January 31, 2019. The contract will be for a base period plus four (4) possible one-year option periods.

DeCA encourages participation of small businesses as possible prime contractors as well as subcontractors and teaming arrangements for any possible award resulting from this solicitation.

ITEM NO SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

0001 Each Misc Oper Supplies & Paper Bags - Europe

FP-EPA

Miscellaneous Operating Supplies for Europe (Germersheim CDC, Germany).

See current Ordering Guide spreadsheet for current unit/item pricing and case pack.

Base Period: February 1, 2018 through January 31, 2019

FOB: Origin (Shipping Point)

EST. NET AMT

PSC CD: 8135

UNIT UNIT PRICE EST. AMOUNT

1001 Each Misc Oper Supplies & Paper Bags - Europe

FP-EPA

Miscellaneous Operating Supplies for Europe (Germersheim CDC, Germany).

First Option Period: February 1, 2019 through January 31, 2020

UNIT UNIT PRICE EST. AMOUNT

2001 Each Misc Oper Supplies & Paper Bags - Europe

FP-EPA

Miscellaneous Operating Supplies for Europe (Germersheim CDC, Germany).

Second Option Period: February 1, 2020 through January 31, 2021

UNIT UNIT PRICE EST. AMOUNT

3001 Each Misc Oper Supplies & Paper Bags - Europe

FP-EPA

Miscellaneous Operating Supplies for Europe (Germersheim CDC, Germany).

Third Option Period: February 1, 2021 through January 31, 2022

UNIT UNIT PRICE EST. AMOUNT

4001 Each Misc Oper Supplies & Paper Bags - Europe

FP-EPA

Miscellaneous Operating Supplies for Europe (Germersheim CDC, Germany).

Fourth Option Period: February 1, 2022 through January 31, 2023

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-9 (Dev) Small Business Subcontracting Plan (Deviation 2016-O0009) JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-36 Payment by Third Party MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.247-30 F.O.B. Origin, Contractor's Facility FEB 2006 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding

SEP 2013

252.219-7003 (Dev) Small Business Subcontracting Plan (DOD Contracts)--Basic (Deviation 2016-O0009)

AUG 2016

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7021 Trade Agreements--Basic DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment

To The Cost Bearer

JUN 2013

252.247-7023 Alt II Transportation of Supplies by Sea (APR 2014) Alternate II APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

CLAUSES INCORPORATED BY FULL TEXT

52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.

Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

PRICE

ITEM QUANTITY QUOTATION TOTAL

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

Addendum to FAR 52.212-1

The following paragraphs are altered as follows:

(a) North American Industry Classification System (NAICS) Code: 322220.

(b) Submission of Offers: Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show –

(1) The solicitation number: HDEC05-18-R-0001;

(2) The time specified in the solicitation for receipt of offers: November 30, 2017 at 4:00 pm EST (Offerors are responsible to contact the Contracting Office in order to check on the status of submitted proposals prior to the date and time specified above);

(3) The name, address, and telephone number of the offeror;

(4) Terms of any express warranty;

(5) Price: Complete the Solicitation Pricing Spreadsheet (Attachment A). All yellow areas must be completed. Offerors MUST provide pricing for the base year for all line items. Proposals that do not price all items may be determined as ineligible for award. In this case, a determination will be made as to whether or not the unpriced item is currently available on the open market, and if so the offeror may be asked to price the item if discussions are opened. If the item is no longer available, the item may be dropped from the supply list for all offerors and will not be evaluated.

Areas to Complete on Attachment A, "Solicitation Pricing Sheet":

***DO NOT CHANGE OR ATTEMPT TO CHANGE NON-YELLOW CELLS***

Vendor Name: Input your “Doing Business As” name.

Cage Code: Input your five character Cage Code

DUNS #: Input your nine digit DUNS number.

Quoted Unit of Issue (column G): Only if different than the named Unit of Issue at Column E

Quoted Case Pack (column H): Only if different than the named Case Pack at Column F ( Note that a change in case pack will automatically adjust the estimated usage used for evaluation purposes at column M.)

Country of Origin (column I): Fill this in for every item. (Reference DFARS 252.225- 7021, “Trade Agreements”)

% Change in Non-EPA Items: Enter a percentage that your pricing will change for each option year. (Round to two (2) decimal places. For example: 1.45%.) Be sure to double check the percentage to be sure it is correct.

Base Year Price (column N): Enter the base price rounded to the nearest whole penny (2 decimal places). Base year pricing for EPA items will be extended to all option years.

Option year pricing for non-EPA items will be multiplied by the % price change given for each year and will be applied in a cumulative nature.

Unit of Issue

Case Pack

RL/CS 100

This means, “100 Rolls per Case” (Estimated usage of “50” would equal a total estimated usage of 5,000 rolls by ordering 50 cases.

(pricing must be by case)

EA/PK 50

This means, “50 Each per Pack” (Estimated usage of “750” would equal a total estimated usage of 37,500 each by ordering 750 cases.

(pricing must be by pack)

Note that any changes to the Solicitation Pricing Spreadsheet (Attachment A) (by DeCA or any offeror) shall require a new and complete version of the Solicitation Pricing Spreadsheet being submitted by the offeror. Proposals must be complete.

(6) “Remit to” address, if different than mailing address;

(7) A completed copy of the representations and certifications at FAR 52.212-3 (This requirement

MUST be completed electronically through SAM (SAM.gov) for both FAR and DFARS). If any portions have been updated for this solicitation specifically, please list those paragraphs in section

(b) of 52.212-3, and complete those paragraphs on this form. The SAM certifications must include the respective NAICS code found in the solicitation. The following DFARS representations and certifications are also required to be completed in SAM or submitted with the offer for this solicitation: DFARS 252.225-7020, Trade Agreement Certificate and DFARS 252.247-7022, Representation of Extent of Transportation by Sea.

(8) Signed acknowledgment of any issued Solicitation Amendments;

(9) Past Performance Survey reference information, to include the names, companies, and contact information for those individuals asked to complete and submit surveys. Past Performance Survey can be found at Attachment D. A minimum of three (3) references are required as follows (only send reference information, not completed Past Performance surveys):

Reference #1

Reference Company:

Name:

Title:

Telephone:

Email:

Reference #2

Reference Company:

Name:

Title:

Telephone:

Email:

Reference #3

Reference Company:

Name:

Title:

Telephone:

Email:

References should represent previous work of similar scope to the requirements in this solicitation and should be current or prior customers (within the past three (3) years).

NOTE: The Government reserves the right to contact the references; therefore, the references should be able to provide information concerning timeliness of deliveries, quality of products delivered, compliance with specifications, and contract terms, customer satisfaction and response level on taking corrective action when a delivery problem or non-conformance problem occurs.

(10) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

The following requirements for offer submissions are added:

(11) Offerors must submit an electronic copy of the Solicitation Pricing Sheet (Attachment A) in Excel format. Typed documents, hand written portions, and those including signatures must be scanned as a PDF or converted to PDF. All documents must be uploaded to the AMRDEC Safe Access File Exchange (SAFE) site at https://safe.amrdec.army.mil/safe/Welcome.aspx. The following email addresses are to be included under "Recipient Information":

Jason.Reedy@deca.mil Jill.Craft@deca.mil

For security purposes, choose "Require CAC for Pick-up" under Email Settings.

There is a maximum of 25 files and the total size of all documents cannot exceed 2GB per submission. Offerors may submit their proposal in more than one upload if their files exceed the maximum size allowance. It is suggested that you choose a 14 day deletion date from the date of submission.

It is suggested that offeror's submit proposals well in advance of the due date and time shown above. Offeror's are also encouraged to contact the contracting office responsible for this solicitation and to verify that all pages are received in advance of the due date and time of the offer.

(12) All questions of a technical and/or contractual nature concerning this solicitation shall be submitted in writing by email to Jason M. Reedy, Contract Specialist at jason.reedy@deca.mil and Jill Craft, Contracting Officer at jill.craft@deca.mil, no later than November 3, 2017 at 4:00 pm EDST. A consolidated list of questions and answers, if applicable, will be provided to all prospective offerors as appropriate. Answers to questions will not alter the solicitation unless and until an amendment is made to the solicitation incorporating the answers.

(13) Complete all applicable clauses and provisions that require fill-ins. For provision 252.225-7020, if you have no items listed, mark "None" and sign the provision in the space provided.

(14) Offerors must provide a statement verifying that the offeror maintains office procedures that are designed to keep GPC information safeguarded and secure.

(15) Offerors shall submit a written explanation (maximum of 3 pages using a 12 point font, single spaced, with 1” standard margins) describing how the firm will fulfill the following contract requirements:

1) Capability to supply all items to specifications for all orders.

2) Capacity and capability to deliver all items within specified delivery schedules.

3) Confirmation that all items are U.S.-made, qualifying country, or designated country end products IAW DFARS 252.225-7021, unless one of the exceptions provided at DFARS 252.225-7020(b)(2) applies and is certified by the offeror.

(16) Offers shall sign, date, and submit the “Trade Agreements Act Statement” at Attachment B.

(17) Letters of Supply shall be required for each item on the Solicitation Pricing Sheet (Attachment A).

The letters shall contain the following information:

DeCA Item Number DeCA Full Item Specification (in text form from the Solicitation Pricing Sheet (Attachment A))

Manufacturer Name Manufacturer Item Number

Manufacture Country of Origin

Mulitple items from the same supplier may be included on the same letter.

The following format shall be used (see Attachment C, "Letter of Supply Template"):

[Submitted on Supplier Letterhead]

[Date (must be within 3 months of offer submittal)]

[Supplier Name] [Supplier Point of Contact (POC)] [Address]

Re: Letter of Supply

Dear [Offeror POC], This Letter of Supply is in reference to the offer that [Offeror Name] submitted in response to Solicitation number

HDEC05-18-R-0001.

In the event that [Offeror Name] is awarded a contract under the aforementioned solicitation number, [Supplier Name] will assure an uninterrupted source of supply, with sufficient quantities of product, for the duration of the contract period.

[Supplier Name] understands that all products that are offered on any pursuant contract(s) must be compliant with the Trade Agreements Act of 1979 (TAA) (19 U.S.C. 2501, et seq.) As such, all products supplied by [Supplier Name] to [Offeror Name] will be TAA compliant. You will be notified immediately upon discovery of any changes in the Country of Origin of supplied products.

Items include the following:

[DeCA Item Number] [DeCA Full Item Specification] [Manufacturer Name] [Manufacturer Item Number] [Manufacture Country of Origin]

[DeCA Item Number] [DeCA Full Item Specification] [Manufacturer Name] [Manufacturer Item Number] [Manufacture Country of Origin]

The person whose signature appears below is authorized to make the commitments noted above.

Sincerely, [Signed by a company official authorized to make the commitment]

(c) Period of Acceptance of Offers is 120 calendar days.

(d) Product Samples: The awardee shall provide a sample of any requested items (to be identified by DeCA) within 30 days of award. DeCA may collect product samples or require the contractor to provide product samples of any item during the contract performance period to ensure contract compliance. No more than one of each item may be requested from the contract awardee per contract year unless quality control or non-specification problems have been identified for that particular item. DeCA reserves the right to independently test and require consideration for non-conforming items.

(e) The Government anticipates one contract award to the lowest priced, technically acceptable offeror, as described by FAR 52.212-2.

NOTE: If your proposal is missing any of the required documents or information (as specified above), your proposal may not be considered further.

(End of Clause)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered, using Lowest Priced Technically Acceptable methodology. The following factors shall be used to evaluate offers:

Factor 1 – Price Factor 2 – Technical Acceptability

Sub-Factor 1 – Capability to supply all items to specifications for all orders.

Sub-Factor 2 – Capacity and capability to deliver all items within specified delivery schedules.

Sub-Factor 3 – All items are U.S.-made, qualifying country, or designated country end products IAW DFARS 252.225-7021, unless one of the exceptions provided at DFARS 252.225-7020(b)(2) applies and is certified by the offeror.

Factor 3 – Past Performance Sub-Factor 1 – Quality of Products Sub-Factor 2 – Timeliness of Deliveries Sub-Factor 3 – Customer Satisfaction and Business Relations Sub-Factor 4 – Similarity of Experience

Award will be made to the lowest price, technically acceptable offeror. In order to be technically acceptable, both factors of Technical Acceptability and Past Performance must be rated as "Acceptable".

Factor 1 - Price:

Line items will be identified as either subject or not subject to EPA. In evaluating price for EPA items, each EPA item will be priced for the base year only. For EPA items, the base period price will also be used as the option period pricing for purposes of evaluation. Unit prices will then be multiplied by estimated annual quantities to come up with a total evaluated item price for the base and four options.

In evaluating price for non-EPA items, each item will be priced for the base year and a standard percentage change will be provided for each option period. The percentage change will be applied to the base period unit pricing to calculate item pricing for each option year in a cumulative fashion (e.g. If the base year price for an item is $1.00 and the standard percentage increase is 10.0%, the first option year would be $1.10, and the second option year would be $1.21 calculated as $1.10 option year one price multiplied by 10%).

Pricing for non-EPA items will be multiplied by the estimated quantity per year to determine the evaluated price for each non-EPA line item for the base and four option years.

The total evaluated price for all items (both EPA and non-EPA) for the base and option years will be added together to determine the final evaluated price, which will be used to determine the lowest price.

Offerors may propose case packs or units of issue different from those already defined on the Solicitation Pricing Sheet (Attachment A). The government may accept or reject any suggested case pack change at its discretion. An offeror’s change in any case pack will automatically adjust the estimated quantity on the pricing sheet, so as to assure an equitable comparison using the same ultimate quantities.

The Solicitation Pricing Sheet at Attachment A will be used to evaluate the base and each option year for contract award (Offerors must complete all yellow areas without changing any other portions).

Prices will be evaluated for balance, fairness, and reasonableness. This evaluation will be based on the government’s estimate and competition. Offerors who have an unreasonably high or low total price may be eliminated from further consideration. Item prices that are deemed unreasonable or materially unbalanced may also cause an offer to be deemed nonresponsive and therefore ineligible for award.

Minimum Requirement:

All items must be priced.

Factor 2 - Technical Acceptability

The technical factor assesses whether the offeror’s proposal will satisfy the Government’s minimum requirements. The offeror shall submit a written explanation (maximum of 3 pages, single spaced, using a 12 point font with 1” standard margins) describing how the firm will fulfill the contract requirements.

Offers shall be rated as either technically “Acceptable” or “Non-Acceptable.”

In addition to completing the required certification at DFARS 252.225-7020, the offeror shall submit Letters of Supply demonstrating that each item is a U.S.-made, qualifying country, or designated country end product IAW DFARS 252.225-7021. Unless one of the exceptions provided at DFARS 252.225- 7020(b)(2) applies (such items must be listed on certification at DFARS 252.225-7020), offers that include end products from other than the U.S., a qualifying country, or a designated country may be rated “Unacceptable” and may not be considered further.

Receive an “Acceptable” rating for all of the following based on the narrative, DFARS 252.225-7020 certification, and Letters of Supply:

4) Capability to supply all items to specifications for all orders.

5) Capacity and capability to deliver all items within specified delivery schedules.

6) All items are U.S.-made, qualifying country, or designated country end products IAW DFARS

252.225-7021, unless one of the exceptions provided at DFARS 252.225-7020(b)(2) applies and is certified by the offeror.

Factor 3 - Past Performance

The past performance assessment is based on two aspects:

-The offeror’s record of Relevant and Recent past performance information (based on the following sub-factors) in relation to the specific requirement being procured.

1. Quality of Products

2. Timeliness of Deliveries

3. Customer Satisfaction and Business Relations

4. Similarity of Experience

-Whether the contractor performed satisfactorily on past contracts.

In evaluating past performance, the Government will use the Past Performance Contact Information provided to contact individuals and to ask them to complete the Past Performance Survey (Attachment D).

The government may use other sources of information, including, but not limited to federal, state and local government agencies, Better Business Bureaus, published media, electronic databases and contractor’s performance on DeCA contracts. The evaluation of past performance will consider relevant facts and circumstances. The Government will evaluate past performance as an indicator of future performance.

Past performance will be evaluated and rated as either “Acceptable” or “Unacceptable.” The determination is a matter of judgment. If any response is not applicable, that question will not be used as a part of the evaluation and will be marked as “N/A”. If neither the business nor any key personnel have a record of relevant past performance, the Government will rate past performance neither favorably nor unfavorably.

A neutral rating will be considered as “Acceptable.”

Receive an Acceptable rating for all assessed past performance categories.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business…

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